| Matter of Braden Food & Drink, Inc. v New York State Liqu |
| Motion No: 2009-06934 |
| Slip Opinion No: 2010 NY Slip Op 61429(U) |
| Decided on January 20, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M97485
J/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2009-06934 In the Matter of Braden Food & Drink, Inc., respondent, v New York State Liquor Authority, appellant. (Index No. 08-10962)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Orange County, dated June 9, 2009, to strike the record and appellant's brief on the ground that they contain or refer to matter dehors the record, or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the record and appellant's brief is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's brief shall be served and filed on or before February 16, 2010.
DILLON, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court